The amendment to the Criminal Procedure Law has attracted widespread attention,but the incorporation of electronic data collection into this amendment has not yet received sufficient attention,which is inconsistent with the increasingly important objective trend of electronic data collection in criminal litigation.The necessity of incorporating electronic data collection into the Criminal Procedure Law is based on the following three facts:first,electronic data collection is increasingly relied upon in investigative practice;second,there is a global consensus on regulating electronic data collection methods under criminal procedure laws;third,there are serious deficiencies in the current relevant legislation in our country.The phased achievements in theory and practice currently provide a feasibility basis for incorporating electronic data collection into the amendment of the Criminal Procedure Law.The theoretical community has made significant contributions to issues such as the nature of electronic data evidence,the construction of electronic data acquisition procedures,and the protection of personal information,providing solid theoretical support for the legalization of electronic data collection.At the same time,China has accumulated rich experience in legislation related to electronic data collection,and relevant technical standards and authenticity review rules have become increasingly perfected.Therefore,the inclusion of electronic data collection in the amendment of the Criminal Procedure Law is an inevitable choice in line with the trend of informatization development.It has significant theoretical and practical significance for balancing the prosecution of crimes and protecting the rights of citizens,promoting the fairness and efficiency of criminal litigation.
amendment of criminal procedure lawelectronic datacriminal investigationrule construction
万方数据
维普
